Himachal Pradesh High Court
Surjeet Singh vs . Jagjit Singh on 1 November, 2023
Bench: Virender Singh
Surjeet Singh vs. Jagjit Singh
.
Cr. Revision No. 574 of 2023
01.11.2023 Present: Mr. Bharat Thakur and Mr. Harsh Kalta,
Advocates for the petitioner.
The petitioner has filed the present revision
petition against the judgment dated 17.08.2023
passed by the learned Additional Sessions Judge-I,
Shimla, District Shimla, H.P. (hereinafter referred to as
'the Appellate Court') in Criminal Appeal No. 45-S/10
of 2022 in case titled as Surjeet Singh vs. Jagjit Singh.
Vide judgment dated 17.08.2023, the learned
Appellate Court has dismissed the appeal, which has
been filed by the petitioner against the judgment of
conviction dated 25.06.2022 and order of sentence
dated 30.06.2022, passed by the Court of learned
Additional Chief Judicial Magistrate, Shimla, District
Shimla, H.P., (hereinafter referred to as 'the trial
Court'), in Complaint No. 261-3 of 2019 titled as Jagjit
Singh vs. Surjeet Singh.
Vide judgment of conviction and order of
sentence, as referred to above, the learned trial Court
has convicted the petitioner for the offence punishable
under Section 138 of the Negotiable Instruments Act
and sentenced him to undergo simple imprisonment,
for a period of six months and to pay a compensation
of Rs.7,00,000/-.
Certain arguable points are involved in the
.
present petition, as such, let notice of the petition be
issued to respondent, returnable for 28th December,
2023. Steps be taken within a period of seven days
from today.
Cr.M.P No. 4094 of 2023
Since the revision against the judgment of
conviction and order of sentence will take sufficient
time for its disposal, as such, during the pendency of
the revision petition, the operation of order of sentence
dated 30.06.2022 passed by the learned trial Court is
ordered to be suspended, subject to the following
conditions:
(i) That the applicant shall furnish personal
bond in the sum of Rs. 30,000/-, alongwith
one surety of the like amount, to the
satisfaction of the learned trial Court within
a period of four weeks from today, with an
undertaking that in the event of final
dismissal of the revision petition, he will
surrender before the learned trial Court to
serve the remainder substantive sentence:
(ii) That the applicant shall deposit 30% of the
compensation amount with the learned trial
Court, within a period of four weeks from
today, which shall be in addition to the
amount, if any, already deposited by the
applicant.
The application is, thus, disposed of.
Cr.M.P No. 4095 of 2023
The application is disposed of with a direction
to the applicant/petitioner to file certified copy of learned
trial Court judgment on or before the next date of
hearing.
A copy of this order be sent to the learned
.
trial Court, with a direction that the report of compliance
of this order be submitted to this Court within a period
of six weeks.
List on 28th December, 2023.
November 01, 2023 ( Virender Singh )
(naveen) Judge
